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Defendant shall be punished by a fine of KRW 2,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Defendants shall be public officials belonging to the Ministry of Agriculture and Forestry.
No one shall resell the status of being selected as the occupant of a house subject to the upper price ceiling system among multi-family housing constructed and supplied by a project operator in a public housing site before the lapse of a period prescribed by Presidential Decree (hereinafter referred to as "period subject to restriction on the
Around November 17, 2011, the Defendant, as an employee of the relocating Agency for the Multifunctional Administrative City, was selected as an occupant of the “Seoul Apartment City 317 Dong 202” under the Enforcement Decree of the Housing Act, which is a special supply of the Multifunctional Administrative City by B. Around October 4, 2012, the Defendant sold the status of being selected as an occupant of the said apartment to F with the amount of KRW 45 million in a premium at the location of E Licensed Real Estate Agent Office, etc. located in Sejong-si, Sejong-si, the Defendant sold the status of being selected as an occupant of the said apartment to F. However, the said apartment was a house that can not be selected as an occupant of the housing for one year from the date the first supply contract can be concluded pursuant to the Housing Act and the Housing Supply Regulations (resale on November 23, 2011) in a public housing site developed and created in accordance with the Multifunctional Administrative City Construction Project under the "Special Act for Follow-up Measures for the New Administrative Capital.
Accordingly, the defendant reselled the status of being selected as the occupant of the housing subject to the upper price ceiling system within the period of restriction on resale around October 4, 2012.
Summary of Evidence
1. Defendant's legal statement;
1. Some statements in the prosecutor's statement concerning F;
1. Application of Acts and subordinate statutes on investigation report (report on G currency of a suspect A-related broker);
1. Relevant statutory provisions regarding criminal facts, Articles 96 subparag. 2 and 41-2(1) of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015); the Defendant who selected a fine does not have any criminal record of punishment as the primary offender; the Defendant acknowledges and reflects the fact of the crime; and the end of the period of restriction on resale is approximately one month.